9 NYCRR Part 7695 - Executive Department

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Source version current through Mar 31, 2022

All 5 displayed sections in this Part carry the same compiled date. Status and warnings stay on each section.

9 NYCRR 7695.1 - Policy

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022

In order to provide for the fair and equal treatment of all inmates, the department shall develop procedures designed to prevent unlawful discrimination based upon race, religion, national origin, sex, sexual orientation, age, disability, or political belief.

9 NYCRR 7695.2 - Definitions

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022

As used in this Part, the following definitions shall apply to the terms listed below:

(a)Unlawful discrimination shall mean acts or policies which adversely affect individuals based on race, religion, national origin, sex, sexual orientation, age, disabling condition(s) or political belief, except as provided by law.

(b)A disabled individual shall mean one who has a physical or mental limitation which substantially limits one or more of such person's major life activities. Such disability shall be based upon a medically documented record of impairment and such person shall be regarded as having a disability.

9 NYCRR 7695.3 - Policies and procedures

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022

(a)The department shall develop and implement written policies and procedures for all facilities designed to prevent the unlawful discriminatory treatment of any inmate or visitor. Such policies and procedures shall include, but are not limited to:

(1)methods to address racial and ethnic tensions within and between inmate groups and between staff and inmates;

(2)the method of inquiry to be used when staff members or volunteers have allegedly engaged in discriminatory incidents of harassment, including but not limited to, racial and ethnic slurs against inmates or visitors;

(3)a process that provides a discriminatory treatment complaint procedure for visitors;

(4)provisions to ensure equal opportunity for employment and education to eligible inmates; and

(5)the ways in which the department shall ensure reasonably comparable access to program opportunities and activities for female inmates.

(b)The department shall annually review and, if necessary, revise all departmental policies, procedures, directives, and rules and regulations to ensure adherence to non-discriminatory practices.

9 NYCRR 7695.4 - Non-discriminatory treatment of inmates

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022

(a)Each facility shall ensure that inmates are not subject to unlawful discrimination in any facility decision-making process, including but not limited to, selection for educational, religious, vocational or temporary release programs, work assignments, classification, disciplinary decisions, or grievance decisions.

(b)Each facility shall provide reasonable access to programs and cultural activities suitable for those racial and ethnic groups with significant representation within the inmate population.

(c)Non-Enlish speaking and illiterate inmates shall be provided assistance to read and/or understand all official departmental communications that significantly affect them, including but not limited to, communications regarding orientation, facility rules and regulations, and disciplinary proceedings.

(d)Disabled and aged inmates shall be afforded reasonable access to facility programs and provided, when practicable, with alternative programs.

(e)The conditions of confinement for female inmates shall be comparable to those of male inmates.

9 NYCRR 7695.5 - Determinations by the department

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022

Notwithstanding any other provision of this Part, nothing shall prevent the department from making determinations pertaining thereto consistent with legitimate penological objectives, and nothing contained herein shall be deemed to grant any person any additional rights, privileges or cause of action not otherwise granted or provided by law.

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